The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1887-10-07
PIG-HEADEO THAYER.
A SelfImportant Governor Who
knOws No LAW.
overriding the Consultation mud
Plain Acts OF CoDgrsss-Eithtr
q Crank or Bribed.


Elected to office on the strength oil
supposed race pr JUDGE In the 10 ilb,
fostered by democratic, he inconsisi'
emily, aud with the most d grant die
play Of gall, refuses to eurrerder D
white man charged with the fou Ut
murder Of q negro.
Meesrs. Pearson and b acSwel, tn
deputies who went in qnest ut A. VIC
Mahon, under arrest at Ord, s.tnraed
yesterday empty handed, end boiling
over with disgust. They imme iistely
reported TO Attorney. General Pc ere,
who gives II up" 40 case Of almo;t
unparalleled cheek and infamous over.
riding OF eworn obi ,tlons. Ga
Wednesday Gen. Peters, Judge Do
Bose and Sheriff Cannon, not knowing
the grounds upon which Nshrstka's
Governor refuse d to is ne he warrant
Of arrest, upon rtquieition from Gov.
Tay lor, sent the following telegram,
signed officially by them all:
"MrnPRIs, Tenn, Oct. 5, 1885,.
ITO tho Governor OF Nebraska!
"McMahon lie wanted here for on
stroclous murder, no. 10 witness
Can the Ruthoritits here DO ny'hing
to induce you to surrender himw
0n yesterday the follow ng dispatch
was received from tn, Governor:
"LiSooLS, Neb., Oct. 6, 1857.
Hon. George Peters, Attorney General,
Memphis, Tenn:
81 have refused to furrundsr Nc.
Mahon. DJh't think anything can
BIO done TO change declbinn,
John VI THAYKR, Governor"
The Attorney General also, through
the han6s OF X +. Peartop, the
deputy sheriff who wac appointed
agent by the Governor ard who re.
turned 10 the city yesterday without
the prisoner, received the folio wing
explanatory letter, written by the at.
tnrneys employed at Lincoln by Mr..
Pearson to Look after the States
interest In the CAGE:
"LNcoLS, Neb., Oct, 4, 1887.
Hon. George U. Peters, Attorney General
Of shelby County, Tennessee, Memphis.
Tonn.i
"sir--Messrs. r. V. Pierson and G
W. Blackwell, 81 your S ate, employed
us rs attorneys IN the matter Of appl.
cation before ths Governor Of the
State of Nebraska for the issusncs OF
q warrant for the arrest sud return Of
one Al Nc Mahon, charged with the
crime Of murder. la pursuance Of
ssch employment W. appeared bsiore
the Governor this mornii and argued
at length upon the sufiiciency Aud 10
gality Of the Iequistion papers iseuad
by the Governor oi tho State OF Ten
neesee la o. id case. DsisndaUts q.
tornty made = number Of ohjsctious
90 10 the e. flicieDcy OF the papers, snd
more psr,icu arly relied upol the fol.
lowing: .
81 That the indictment failed to
run la the name and by the authority
Of the State II Tennessee. (2) Tbs,
the great seal Of the State wac 70.
properly affixed. (3) Tna' the Gov
eTnor OF Nebraska Hcted Ia 20 h a
ministerial and judicial capacity
(i) That there was NJ siii iavit thug
forth that the defendant, McNahon,
was iugii from justice. l5) TEat
the defendant was not vanttd Tor the
purpose Of jus'ice, but merely 20 a
witness In cgse against his code.
iendauts, all charged with the crime
OF murder.
Ia answer 10 tho points ma IL BIZ De.
isndanps counsel We urged: (D That
the indie msut was In tbs eIaLt form
required by law, (2) tina, the papers,
upon their face, sIgssd that they had
not been tempered with aud ths the
great seal OF the state was properly and
legally affixed; 90 thA; the Cove; nor
q ,be STATE OF N bfasBR could no, act
in a judic al capacity, for TO do 40
wound ne to subvsit one oil the prinoi.
pies upon which the govrTnment 10
ilunded, being n co fliGl be- weed ex.
ecu'iye aud Judicial authority; that
by law tbs goveruofB Of thsse ssveTa'
States sTe not compelled % irsue gar.
Iants Or take office Of this reqnls tons
and drmai d. made by ths other
governors 20 Usprc I've States and
tuereiOfH, u.t oeiug compelled by
lag 90 d. tlil, he cYud exercise no
| Judicial authofuy, ior the judicial
authority Il imposed ~ arplicstio..
Hnd oa,h; (D, We urged that in NO
| place could the lav b. found 10 even
Intimate by application ~ Other Sisp,
that an aili iAyiJ wa Necessary eBitiLg
I nth that the defendant was n iogitivt
from Just c., but ON ths contrary Wa
urged lhat the Ger itcate VI the GOV
eruor ci the State OF Tennesi ee, undtI
| the great zeal OF thu ) a's, tet.iug
forth that lis delsndaui was.G iugi
tive from inS Ice was sufficient upon
which the u jveinof OF title y ate m Oh
act, ald therefore WA merely bird ~
upon tn" ex cu'ivs Of this State. Ia
our mind there IL no question bu'
that Ali the y cations hk-n by u, are
strongly Tor ihsd ny iAu, by precedent
and by morals, bat tn Governor 4
this 4 sts eAs h % refuse the issn
ance Il war sn,, and put hts Ieius Al
on the ground tha; in tho pfac,ic, oI
the executive o. q " State in tueh
mstiefe, that On III iavif mus accom-.
pany the paprrs, showing that tbs
patty charged with crime Is = fug.tiy,
from jus ic-. bu; WHEN We sug ,.sltd
that this wa not the w1ols Gaze, thoI
the Govern, Tenuesses could moi
postlbly know what the prAclics Il oui
creative wis, aud that II Was NOT
required, ve were anewsitd by The
Governor that ne would rot iseue thil
warrant even II tie papers we're regu
lar, which lsst iem8ik Of our execu
tive showed 10 us sud TO all concerned
that the tsci ON when he placed his
refusal WIS bat preiex aud that the
real fact OF IA 0 refusal Wa, that BIO had
been Inform q by otf era that thls
rAr,y war no, really waited for the
crime Tor which hs stands CHARGED,
and nhtn Se of.ud 10 am.ud tbs
papsrs by clmp'yr x with evsfy tug,
gstt,ob that he Gu 4 make conc-In.
ing the esme, he informed us that he
would be frank with ms concerning
the whole matter. end tna' II was use.
less TO mske any other attemp, Ia
take the said Mcmahon from the luris.
diction Of this Stats
We write you tins fully IN show
you Inst tie sgsrts that the State of
tennessee has eont here hSye ful Y
| ua,fnrU,fl lhaiK dn,v a., 49,. - .